Every ATV owner's policy of liability insurance issued or renewed in satisfaction of the minimum requirements of article VI of the Vehicle and Traffic Law and article 51 of the Insurance Law shall set forth provisions providing minimum benefits at least equal to those set out below and contained in the provisions of the Mandatory Personal Injury Protection Endorsement-All-Terrain Vehicles in accordance with section 65-1.1(f) of this Title (Regulation 68-A).
LIABILITY INSURANCE COVERING ALL-TERRAIN VEHICLES
ALL-TERRAIN VEHICLE POLICY
DEFINITIONS
Throughout this policy "you" and "your" refer to:
1. The "named insured" shown in the declarations and,2. The spouse if a resident of the same household. "We", "us" and "our" refer to the company providing this insurance.
"Family Member" means a person related to you by blood, marriage or adoption who is a resident of your household. This includes a ward or foster child.
" Occupying" means in, upon, or getting in, on, out or off.
"All-Terrain Vehicle" ("ATV") means any self-propelled vehicle, other than a snowmobile, which is manufactured for sale for operation primarily on off-highway trails or in off-highway competitions and only incidentally operated on public highways and does not exceed sixty inches in width or eight hundred pounds dry weight.
"Trailer" means an owned trailer designed to be used with an ATV, if not being used for business or commercial purposes.
"Your covered ATV" means:
1. Any vehicle shown in the declarations.2. Any ATV on the date you become the owner This provision applies only if you:
a. acquire the ATV during the policy period; andb. ask us to insure it within 30 days after you become the owner. If the ATV you acquire replaces one shown in the Declarations, it will have the same coverage as the ATV replaced. You must ask us to insure a replacement ATV within 30 days only if you wish to add or continue Coverage for Damage to your ATV. If the ATV you acquire is in addition to any shown in the Declarations it will have the broadest coverage we now provide for any ATV of the same type, shown in the Declarations.
3. Any trailer you own while being used with your covered ATV.4. Any ATV you do not own while used as a temporary substitute for any other ATV described in this definition which is out of normal use because of its: e. destruction. LIABILITY COVERAGE
INSURING AGREEMENT. We will pay damages for bodily injury or property damage for which any covered person becomes legally responsible because of an ATV accident. We will settle or defend, as we consider appropriate, any claim or suit asking for damages which are payable under the terms of this policy. This applies even if the claim or suit is groundless. In addition to our limit of liability, we will pay all defense costs we incur.
"Covered Person" as used in this Part means:
1. You or any family member for the ownership, maintenance or use of your covered ATV.2. Any person using your covered ATV.3. For your covered ATV, any person or organization but only with respect to legal responsibility for acts or omissions of a person for whom coverage is afforded under this Part. SUPPLEMENTARY PAYMENTS. In addition to our limit of liability, we will pay on behalf of a covered person:
1. Up to $250 for the cost of baIl bonds required because of an accident, including related traffic law violations. The accident must result in bodily injury or property damage covered under this policy.2. Premiums on appeal bonds and bonds to release attachments in any suit we defend.3. Interest accruing after a judgment is entered in any suit we defend. Our duty to pay interest ends when we offer to pay that part of the judgment which does not exceed our limit of liability for this coverage.4. Up to $50 a day for loss of earnings, but not other income, because of attendance at hearings or trials at our request.5. Other reasonable expenses incurred at our request.6. Expenses incurred by a covered person for first aid to others at the time of the accident.7. All costs taxed against a covered person, in any suit we defend. EXCLUSIONS. We do not provide Liability Coverage for any person:
1. Who intentionally causes, or directs another person to cause, bodily injury or property damage.2. For damage to property owned or being transported by that person.3. For damage to property: c. in the care of; that person This exclusion does not apply to damages to a residence or private garage.
4. For bodily injury to an employee of that person during the course of employment. This exclusion does not apply to bodily injury to a domestic employee unless Workers' Compensation benefits are required or available for the employee.5. For that person's liability arising out of the ownership or operation of an ATV while it is being used to carry persons or property for a fee.6. While employed or otherwise engaged in the business or occupation of: ATV's. This includes testing and delivery. This exclusion does not apply to the ownership, maintenance or use of your covered ATV by:
c. any partner, agent or employee of you or any family member.7. Using a vehicle without a reasonable belief that that person is entitled to do so.8. For bodily or property damage for which that person:a. is an insured under a nuclear energy liability policy; orb. would be an insured under a nuclear energy policy but for its termination upon exhaustion of its limit of liability.A nuclear energy liability policy is a policy issued by any of the following or their successors:
a. American Nuclear Insurers;b. Mutual Atomic Energy Liability Underwriters; orc. Nuclear Insurance Association of Canada.9. For the ownership, maintenance or use of any vehicle, other than your covered ATV. LIMIT OF LIABILITY.
1. If the aggregate limits of liability shown in the Declarations are greater than $125,000, then the limit of liability is our maximum limit of liability for all damages resulting from any one ATV accident. We will apply the limit of liability to first provide the separate limits required by the laws of New York for: a. Bodily injury or death of any one person in any one ATV accident;b. Bodily injury or death of two or more people in any one ATV accident; andc. Injury to or destruction of property in any one ATV accident.This is the most we will pay regardless of the number of:
c. Vehicles or premiums shown in the Declarations; ord. Vehicles Involved in the accident.2. If the aggregate limit of liability shown in the Declarations is $125,000, then that limit of liability is our maximum limit of liability for all damages resulting from any one ATV accident, except those damages for bodily injury resulting in death. We will apply the limit of liability to first provide the separate limits required by the laws of New York for:a. Bodily injury not resulting in death of any one person in any one ATV accident;b. Bodily injury not resulting in death of two or more people in any one ATV accident; andc. Injury to or destruction of property in any one ATV accident. This provision will not change our total limit of liability.
Our limit of liability for bodily injury resulting in death is as follows:
a. Up to $50,000 for bodily injury resulting in death of any one person in any one ATV accident; andb. Up to $100,000 for bodily injury resulting in death of two or more people in any one ATV accident, subject to a $50,000 maximum for any one person.If the limit of liability shown in the Declarations is not exhausted by payment of damages for:
a. Bodily injury not resulting in death; orb. Property damage; any remaining amounts will be used to pay damages for bodily injury resulting in death to the extent the limit of liability shown in the Declarations is not increased.
The amounts provided in this entire provision are the most we will pay regardless of the number of;
c. Vehicles or premiums shown in the Declarations; ord. Vehicles involved in the accident. In any event, this policy will provide at least the minimum limits of liability required by articles 6, 8, 48-A and 48-C of the New York Vehicle and Traffic Law and section 3420 of the New York Insurance Law.
OUT OF STATE COVERAGE. If an ATV accident to which this policy applies occurs in any state or province other than the one in which your covered ATV is principally garaged, we will interpret your policy for that accident as follows:
If the state or province has:
1. A financial responsibility or similar law specifying limits of liability for bodily injury or property damage higher than the limit shown in the Declarations your policy will provide the higher specified limit.2. A compulsory insurance or similar law requiring a nonresident to maintain insurance whenever the nonresident uses a recreational vehicle in that state or province, your policy will provide at least the required minimum amounts and types of coverage. No one will be entitled to duplicate payments for the same elements of loss.
FINANCIAL RESPONSIBILITY REQUIRED. When this is certified as future proof of financial responsibility, this policy shall comply with the law to the extent required.
OTHER INSURANCE. If there is other applicable liability insurance we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for a vehicle you do not own shall be excess over any other collectible insurance.
UNINSURED MOTORISTS COVERAGE
The Uninsured Motorist Endorsement - New York is hereby made a part of this policy, and wherever the word automobile or motor vehicle appears, reference to ATV should be inserted.
DUTIES AFTER AN ACCIDENT OR LOSS
GENERAL DUTIES. We must be notified promptly of how, when and where the accident or loss happened. Notice should also include the names and addresses of any injured persons and of any witnesses. Written notice by or on behalf of the claimant to any licensed agent of the insurer in this State, with particulars sufficient to identify the insured, shall be deemed notice to us.
A person seeking any coverage must:
1. Cooperate with us in the investigation, settlement or defense of any claim or suit.2. Promptly send us copies of any notices or legal papers received in connection with the accident or loss.3. Submit, as often as we reasonably require, to:a. physical exams by physicians we select; we will pay for these exams.b. statements under oath.4. Authorize us to obtain: b. other pertinent records.5. Submit a proof of loss when required by us. ADDITIONAL DUTIES FOR UNINSURED MOTORIST COVERAGE. A person seeking Uninsured Coverage must also:
1. Promptly notify the police if a hit and run driver is involved.2. Promptly send us copies of the legal papers if a suit is brought. GENERAL PROVISIONS
BANKRUPTCY. Bankruptcy or insolvency of the covered person shall not relieve us of any obligations under this policy.
CHANGES. This policy contains all the agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us. If a change requires a premium adjustment. we will adjust the premium as of the effective date of change.
We may revise this policy form to provide more coverage without additional premium charge. If we do this your policy will automatically provide the additional coverage as of the date the revision is effective in your state.
LEGAL ACTION AGAINST US. No legal action may be brought against us until there has been full compliance with all the terms of this policy. In addition, no legal action may be brought against us until:
1. We agree in writing that the covered person has an obligation to pay; or2. The amount of that obligation has been finally determined by judgment after trial. No person or organization has any right under this policy to bring us into any action to determine the liability of a covered person.
OUR RIGHT TO RECOVER PAYMENT.
A. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from another we shall be subrogated to that right. That person shall do: 1. Whatever is necessary to enable us to exercise our rights; and2. Nothing after loss to prejudice them.B. If we make a payment under this policy and the person to or for whom payment is made recovers damages from another, that person shall:1. Hold in trust for us the proceeds of the recovery, and2. Reimburse us to the extent of out payment.POLICY PERIOD AND TERRITORY. This policy applies only to accidents and losses which occur:
1. During the policy period as shown in the Declarations; and2. Within the policy territory.The policy territory is:
1. The United States of America, its territories or possessions; or2. Canada. This policy also applies to loss to, or accidents involving your covered ATV while being transported between their ports.
TERMINATION. Cancellation: This policy may be cancelled during the policy periods as follows:
1. The named insured shown in the Declarations may cancel by:a. returning this policy to us; orb. giving us advance written notice of the date cancellation is to take effect.2. We may cancel by mailing to the named insured shown in the Declarations at the address shown in this policy: a. at least 15 days' notice: (1) if cancellation is for nonpayment of premium; or(2) if notice is mailed during the first 60 days this policy is in effect and this is not a renewal or continuation policy; orb. at least 20 days' notice in all other cases.3. After this policy is in effect for 60 days, or if this is a renewal or continuation policy, we will cancel only: a. for nonpayment of premium; orb. if your driver's license or that of: (1) any driver who lives with you; or(2) any driver who customarily uses your covered ATV has been suspended or revoked. This must have occurred:
(1) during the policy period; or(2) since the last anniversary of the original effective date if the policy period is other than 1 year. This provision does not apply to one or more administrative suspensions from the same incident which terminate prior to the effective date of cancellation.
c. for discovery of fraud or material misrepresentation in: (1) obtaining the policy; or(2) presenting a claim. NONRENEWAL: If we decide not to renew or continue this policy, we will mail notice to the named insured shown in the Declarations at the address shown in the policy. Notice will be mailed at least 45 days, but not more than 60 days before the end of the policy period. The specific reason or reasons for nonrenewal shall be stated in or accompany the notice.
If the policy period is other than 1 year, we will have the right not to renew or continue it only at each anniversary of its original effective date.
If you obtain other insurance on your covered ATV, any similar insurance provided by the policy will terminate as to that vehicle on the effective date of the insurance.
OTHER TERMINATION PROVISIONS:
1. We may deliver any notice instead of mailing it. Proof of mailing of any notice shall be sufficient proof of notice2. If this policy is cancelled, you may be entitled to a premium refund. If so, we will send you the refund. The premium refund, if any, will be computed according to our manuals. However, making or offering to make the refund is not a condition of cancellation3. The effective date of cancellation stated in the notice shall become the end of the policy period.4. If this coverage is for other than a private passenger ATV, then the provisions of section 3426 of the Insurance Law apply. TRANSFER OF YOUR INTEREST IN THIS POLICY. Your rights and duties under this policy may not be assigned without our written consent. However, if a named insured shown in the Declarations dies, coverage will be provided for:
1. The surviving spouse if resident in the same household at the time of death. Coverage applies to the spouse as if a named insured in the Declarations; and2. The legal representative of the deceased person as if a named insured shown in the Declarations. This applies only with respect to the representative's responsibility to maintain or use your covered ATV. Coverage will only be provided until the end of the policy period.
TWO OR MORE ATV POLICIES. If this policy and any other insurance policy issued to you by us apply to the same accident, the maximum limit of our liability under all the policies shall not exceed the highest applicable limit of liability under any one policy.
N.Y. Comp. Codes R. & Regs. Tit. 11 §§ 64-2.1